A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On August 30, 2012, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 27, 2019, at around 09:45, the Defendant driven a Cnew-frequency truck truck with approximately 80km alcohol concentration of 0.098% under the influence of alcohol level from the 80km section to the near road of Taecheon-si, Chungcheongnam-si, Sinsan-si, through the road from the nearest to the road of the Sinsan-si, Sinsan-si.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. An inquiry report;

1. Investigation report (Attachment of summary order of the same kind of power) - Application of Acts and subordinate statutes of four copies including written judgments;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the Defendant committed the instant crime again under the same criminal records, and that the Defendant’s liability is not minor, such as causing accidents.

However, the defendant recognized the crime of this case and reflects its depth.

In the future, it is expected that such a mistake will not be avoided.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the various sentencing conditions shown in the trial, such as the age, character, conduct, family relationship, economic condition, etc. of the defendant.